Common use of No Warranty of Title Clause in Contracts

No Warranty of Title. 23) This Lease is made without warranty of title, express, implied or statutory. It shall be Xxxxxx’s sole burden and obligation to assure itself of the quality of title of the Leased Premises, and Lessee will bear all costs and expenses incurred in curing any title defect or defending title to the Leased Premises. Xxxxxx also agrees that no claims will be made against Lessor pertaining to the title to the Leased Premises. In the event an adverse claimant files suit against the Lessor or Xxxxxx claiming title to all or a portion of the rights on or under the Leased Premises, the royalties accruing to the litigated portion of the Leased Premises shall be placed in an interest-bearing escrow account until such time as the ownership of the disputed interest shall be determined by compromise or a non-appealable final judgment of a tribunal of competent jurisdiction. The royalties placed in escrow shall be distributed as determined by compromise or at the direction set forth in a non-appealable final order of the tribunal of competent jurisdiction.

Appears in 3 contracts

Samples: And Gas Lease, And Gas Lease, And Gas Lease

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No Warranty of Title. 23) This Lease is made without warranty of title, express, implied or statutory. It shall be Xxxxxx’s sole burden and obligation to assure itself of the quality of title of the Leased Premises, and Lessee will bear all costs and expenses incurred in curing any title defect or defending title to the Leased Premises. Xxxxxx also agrees that no claims will be made against Lessor pertaining to the title to the Leased Premises. In the event an adverse claimant files suit against the Lessor or Xxxxxx claiming title to all or a portion of the rights on or under the Leased Premises, the royalties accruing to the litigated portion of the Leased Premises shall be placed in an interest-bearing escrow account until such time as the ownership of the disputed interest shall be determined by compromise or a non-appealable final judgment of a tribunal of competent jurisdiction. The royalties placed in escrow shall be distributed as determined by compromise or at the direction set forth in a non-appealable final order of the tribunal of competent jurisdiction.

Appears in 1 contract

Samples: ohiodnr.gov

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